22735. Misbranding of apple butter.    17. S. v. 70 (135) Cases of Apple But¬
ter. Default decree of condemnation and forfeiture. Product 
delivered to charitable organizations. (F. & D. no. 32336. Sample 
nos. 61242-A, 61243-A.)
Sample jars of apple butter taken from the shipment involved in this case 
were found to contain less than 2 pounds, the weight declared on the label.
On March 16, 1934, the United States attorney for the Eastern District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 70 cases of apple 
butter at Chattanooga, Tenn., consigned by the Von Allmen Preserving Co., 
alleging that the article had been shipped in interstate commerce, on or about 
June 1, 1933, from Louisville, Ky., and charging misbranding in violation of 
the Food and Drugs Act as amended. Subsequently the libel was amended to 
change the amount from 70 cases to 135 cases. The article was labeled in 
part: "Apple Butter Farm Brand Contents 2 Lbs. Pure Apple Butter Packed 
by Von Allmen Preserving Co., Louisville, Ky."
It was alleged in the libel that the article was misbranded in that it was 
labeled so as to deceive and mislead the purchaser, since the jars did not 
contain 2 pounds of apple butter. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package, since the statement made was incorrect.
On July 5, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered. The product was delivered 
to charitable institutions.
M. L. WILSON, Acting Secretary of Agriculture.